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True / False
1. A party to a crime could be a person who aids and assists in the commission of the crime.
a. True
b. False
2. The term mens rea referstotheharmcausedbythedefendant’sforbiddenact.
a. True
b. False
3. Not all crimes require proof that a defendant had a specific intent to achieve a specific end.
a. True
b. False
4. Motive is an essential element of most criminal offenses.
a. True
b. False
5. The motor vehicle codes of most states contain strict liability statutes.
a. True
b. False
6. According to the Model Penal Code, purposeful is a higher degree of culpability than negligent.
a. True
b. False
7. In the past, the year-and-a-day rule requires that criminal defendants be charged within that time frame following
the unlawful act.
a. True
b. False
8. The useofpresumptionsintheprosecution’scaseneverpresentdueprocessproblems.
a. True
b. False
9. One cannot be guilty of possession of stolen property if one does not know property is stolen.
a. True
b. False
10. Presumptions and inferences enable a fact finder to conclude that because some facts have been proved, other
facts may be presumed to be true.
a. True
b. False
11. The Latin term actus reus means
a. strict liability
b. guilty act
c. guilty mind
d. elements of a crime
12. The Latin term mens rea refers to
a. strict liability
b. guilty act
c. guilty mind
d. elements of a crime
13. According to the Model Penal Code, a person who consciously disregards a substantial and unjustifiable risk that
the material element exists or will result from his conduct, acts
a. purposely
b. knowingly
c. recklessly
d. negligently
14. According to the Model Penal Code, how is a person acting, with respect to a material element of an offense,
when he should be aware of a substantial and unjustifiable risk that the material element exists or will result from
his conduct?
a. purposely
b. knowingly
c. recklessly
d. negligently
15. Thinking of committing a crime without performing a criminal act is
a. never a crime
b. a crime in many states
c. a strict liability crime
d. difficult to prove beyond a reasonable doubt
16. Most crimes require the concurrence of which of the following?
a. act and proximate cause
b. guilty act and guilty mind
c. guilty mind and causation
d. act and omission
17. To obtain a conviction, the prosecution has the burden of proving every element of the crime
a. by a preponderance of the evidence
b. by clear and convincing evidence
c. beyond a reasonable doubt
d. beyond a shadow of a doubt
18. Whichofthefollowingtermsreferstoanindividual’smentalstate?
a. mens rea
b. actus reus
c. scienter
d. proximate cause
19. To find a defendant guilty of the crime of receiving stolen property, most states
a. do not require scienter
b. require proof the defendant knew the property was stolen
c. require proof the defendant committed the theft
d. require proof the defendant had a motive
20. In criminal law, motive refers to
a. criminal intent
b. thedefendant’smentalstatewhilecommittingthecrime
c. the reason the defendant committed the crime
d. a necessary element of every crime
21. In a criminal trial, motive
a. is always relevant evidence
b. alone, is sufficient evidence for a conviction
c. is required for conviction
d. is the same as criminal intent
22. A strict liability offense is one without
a. motive
b. proximate cause
c. criminal intent
d. a guilty act
23. Strict liability statutes
a. generally provide for harsh penalties
b. do not require the prosecutor to prove criminal intent
c. require a particular state of mind at the time of the act
d. are considered true crimes
24. Which of the following areas include strict liability crimes?
a. traffic violations
b. narcotics laws
c. public health laws
d. all of these include strict liability crimes
25. In many states, when the age of a minor is an essential element of a crime, as in contributing to the delinquency of
a child, the law
a. requires the defendant to testify
b. allowsdefendantstousethevictim’sconsentasadefense
c. contains a scienter element
d. does not allow mistake as to the age of the minor to be used as a defense
26. For crimes in which a harm has occurred, the state must prove
a. the harm to the victim occurred immediately
b. thedefendant’sactwastheordinaryandproximatecauseoftheharm
c. boththatharmtothevictimoccurredimmediately,andthatthedefendant’sactwastheordinaryand
proximate cause of the harm
d. neitherthatharmtothevictimoccurredimmediately,northatthedefendant’sactwastheordinaryand
proximate cause of the harm
27. While the classification system suggested by the Model Penal Code distinguishes between each level of mental
state, the distinction
a. always makes a difference
b. does not always make a difference
c. is never important
d. is always important
28. The year-and-a-day murder rule
a. requires the victim die within a year and a day
b. has been abolished or amended in many states
c. requires the victim die within a year and a day, and has been abolished or amended in many states
d. does not require the victim die within a year and a day, and has not been abolished or amended in many
states
29. The offense of carrying an unauthorized concealed weapon requires a showing of
a. actual possession
b. constructive possession
c. either actual or constructive possession
d. ownership of the weapon by the defendant
30. The mental element required in possession offenses is generally that of
a. intent or knowledge
b. recklessness
c. negligence
d. no mental element is required
31. The intent necessary for one or more elements of an offense is:
a. specific intent
b. global intent
c. mental intent
d. knowledgeable intent
32. The mental purpose or design to commit a specific act is called:
a. intent
b. motive
c. recklessness
d. negligence
33. The cause, inducement, or reason why an act is committed is called:
a. intent
b. motive
c. recklessness
d. negligence
34. Conclusive presumptions can be unconstitutional under the Due Process Clause because the presumption allows
the prosecution to avoid proving:
a. an element of the crime charged
b. guilt beyond a reasonable doubt
c. motive
d. negligence
35. Which of the following is a name given to crimes which require no specific intent?
a. general intent crimes
b. conclusive intent crimes
c. substantive intent crimes
d. reasonable intent crimes
36. What is the highest degree of culpability according to the Model Penal Code?
a. purpose
b. knowledge
c. recklessness
d. negligence
37. Which of the following crimes includes the essential element of knowledge beyond a reasonable doubt that
defendant knew the property was stolen?
a. receiving stolen property
b. robbery
c. possession of illegal substances
d. homicide
38. Which of the following is seldom made an essential element that must be proved beyond a reasonable doubt in
many crimes?
a. motive
b. intent
c. guilt
d. all of these answers are essential elements
39. Motive can be important evidence in determining:
a. punishment
b. guilty
c. recklessness
d. negligence
40. Which of the following crimes require specific intent?
a. first-degree murder
b. selling alcohol to an underage person
c. distribution of illegal drugs
d. unregistered hand grenades
In the state of WI during the month of February it can easily reach below zero on any given day. During this time
period Johnny M is trying to sleep in an alley behind some businesses. The temperature is reaching -20 degrees.
Johnny realizes that he is about to freeze to death unless he gets inside a warm building. He sees a back door to one
of the businesses and breaks it open. Johnny is able to get warm and he sleeps just inside this store. In the morning,
the owner comes to the store and finds Johnny and the broken door. The owner calls the police.
41. During this incident, Johnny displayed:
a. Reasonable doubt
b. Due process
c. Actus Reus
d. Mens Rea
42. Duringthisincident,Johnnywasnotarrestedbecausehedidn’thave:
a. Reasonable doubt
b. Due process
c. Actus Reus
d. Mens Rea
43. For Johnny to be convicted of a crime, the prosecutor must:
a. Provide proof beyond a reasonable doubt
b. Prove due process
c. Prove mens rea
d. Provide Actus Reus
Susie“pickpocket”DittsisaknowncriminalintheDetroitareaandthepolicekeepacloseeyeonher.Lateone
night her car is pulled over by the Detroit police for speeding and in plain view they see many tools that they deem as
burglar tools.
44. Susie could be arrested for
a. Possession of criminal tools
b. Possession of illegal tools
c. Possession of burglary tools
d. Possession of stolen tools
45. Susie hides stolen goods away, and only she knows where they are located. She does not possess them but would
be guilty nonetheless of
a. constructive possession
b. receiving stolen goods
c. carrying possession
d. illegal possession
46. Susie the pick pocket is arrested with credit cards that are not hers, cash she cannot account for, and the personal
belongings of people she does not know, who have reported the items as stolen. Investigators can presume
a. that Susie found them
b. that Susie stole them
c. that Susie was returning them
d. nothing
Julie“thesnake”Pythonisaknowndrugdealerandisalwaysundersurveillancebythepolice.Onedaysheis
stopped for jay walking and while speaking to the police consents for them to search her bags. This search
produced 7 Kilos of cocaine and 4 pounds of marijuana.
47. Julie can be arrested and charged because she had these items
a. in her bag
b. in her possession
c. on her while she was committing a crime (Jay Walking)
d. in her upper body area
48. DuetothelargeamountofdrugsonJulie’spossession,ajudgeorjurycouldeasilyconcludethatsheisadrugdealer
instead of a drug user. This conclusion is referred to as a
a. Inference
b. Due Process
c. Mens rea
d. Actus reus
49. DuetothelargeamountofdrugsonJulie’spossession,ajudgecouldeasilyconcludethatwhatexists?
a. Due process
b. Inference
c. Scienter
d. Mens reus
50. DuetothelargeamountofdrugsonJulie’spossession,theStateshouldbeabletoeasilyprove:
a. mens rea
b. presumption
c. strict liability
d. scienter
51. A form of specific intent requiring the showing that an actor knew of the existence of certain facts is called
a. specific intent
b. scienter
c. mental intent
d. knowledgeable intent
52. A situation where one cannot be found guilty of possession of stolen goods if they did not know they were stolen
is an example of
a. specific intent
b. scienter
c. mental intent
d. knowledgeable intent
53. If a statute requires knowledge about a certain fact, then the prosecution must be able to __ that knowledge.
a. infer
b. prove
c. presume
d. explain
54. The forbidden act (or failure to act) is called the
a. act element
b. criminal element
c. timed element
d. strict element
55. The harm that was done was the natural and probable result of the wrongful act is called the
a. act element
b. mental element
c. harm element
d. cause element
56. The wrong done is called the
a. act element
b. mental element
c. harm element
d. cause element
57. Which of the following area is not included in strict liability crimes?
a. traffic violations
b. narcotics laws
c. public health laws
d. first-degree murder
58. The maxim "ignorance of the law is no excuse" is applicable
a. in most cases
b. only in strict liability cases
c. in most cases except strict liability cases
d. almost never
59. Presumptions fall into two categories, they are
a. rebuttable and irrebuttable
b. presumptive and nonpresumptive
c. general and specific
d. negligible and nonnegligible
60. What must occur before a presumption can be rejected by a judge or jury?
a. other evidence must come to light
b. the defendant must reject it
c. the judge must rule it out of order
d. the prosecutor must accept the fallibility of the presumption
Completion
61. Mens rea is the criminal ____ or state of mind.
62. The reason a person commits a crime is called _________.
63. An offense which requires no mens rea, such as speeding, is a strict __________ offense.
64. According to the Model Penal Code, a person acts __________ when she consciously disregards a substantial
and unjustifiable risk.
65. The categories of culpability from the Model Penal Code include purpose, knowledge, recklessness, and .
66. Heroin found in an apartment will most likely be deemed to be in the __________ possession of the person
controlling and occupying the apartment.
67. Only rarely is written evidence of the ____ of a defendant available to the state.
68. A statement of substantive law that cannot be overcome with evidence showing otherwise is known as a
______________ presumption.
69. Thepenaltiesfor___liabilityoffensesareusuallylighterthan“true”crimes.
70. Proximate cause is the ordinary and ____ cause of a result.
71. Actus rea is the ____ act or omission.
72. A form of specific intent requiring a showing that the actor knew of the existence of certain facts is called ___.
73. The mental purpose or design to commit a specific act is called ___.
74. The ordinary and probable cause of a result is called the ____.
75. The time under common law for an individual to be held responsible for the cause of someone's death was ____.
76. Define mens rea. Define actus reus. Explain the differences between the two.
77. Explain the difference between specific intent and general intent crimes.
78. Explain the difference between motive and intent. Which is generally more important in a criminal trial? Why?
79. Whattypesofevidencecanprosecutorsintroduceattrialinordertoproveadefendant’smens rea beyond a
reasonable doubt?
80. What is a conclusive presumption? Why are conclusive presumptions prohibited?
81. What are strict liability crimes and why are some behaviors considered illegal even though the defendant had no
criminal intent? Give examples of strict liability crimes.
82. Explainthe“yearandadayrule”asitrelatestothecrimeofmurderandtherequirementthatacrimebethe
proximatecauseofthevictim’sinjuries.Describehowandwhytherulehasevolvedovertheyears.
83. When criminal intent or another mental element is an essential element of a crime, the state has the burden of
proving the required element. Explain two ways that proof of this element may be made. Provide examples.
84. What is the mental state (element) that generally must be proved in possession offenses? Do criminal statutes
require that ownership of the property be proved? Why or why not?
85. How do presumptions and inferences help a fact finder conclude that facts have been proved? Why are they
important in the criminal law? What is the difference between a presumption and an inference?
